SHRI MADHUSUDAN MISTRY (SABARKANTHA): Sir, I Call The
Total Page：16
File Type：pdf, Size：1020Kb
10/31/2018 Fourteenth Loksabha Session : 4 Date : 10-05-2005 Participants : Dikshit Shri Sandeep,Raja Shri A.,Raja Shri A.,Acharia Shri Basudeb,Mistry Shri Madhusudan Devram,Deo Shri V. Kishore Chandra S.,Kumar Shri Shailendra,Gamang Shri Giridhar > Title: Shri Madhusudan Mistry called the attention of the Minister of Environment and Forests to the situation arising out of non-implementation of Instructions and guidelines for regularizing the forest land being cultivated by the farmers prior to 1980 and steps taken by the Government in regard thereto. 12.06 hrs. CALLING ATTENTION TO MATTER OF URGENT PUBLIC IMPORTANCE SHRI MADHUSUDAN MISTRY (SABARKANTHA): Sir, I call the attention of the Minister of Environment and Forests to the following matter of urgent public importance and request that he may make a statement thereon: "Situation arising out of non-implementation of instructions and guidelines by the State Governments, issued by the Environment and Forest Department for regularizing the forest land being cultivated by the farmers prior to 1980 and steps taken by the Government in regard thereto. " (Placed in Library. See No. LT 2186/05) THE MINISTER OF ENVIRONMENT & FORESTS (SHRI A. RAJA): Sir, a brief statement is laid on the Table of the House. MR. SPEAKER: No, no, you cannot lay it. You have to read it. What is this? SHRI A. RAJA: It is a lengthy one. MR. SPEAKER: You are evolving a new system. You have to read it. This is Calling Attention. SHRI A. RAJA: Since it is lengthy, I thought I can lay it with your permission. MR. SPEAKER: Maybe, it is lengthy. What can be done? You should have been precise in preparing that statement. * SHRI A. RAJA: Sir, the National Forest Policy, 1988, protects the rights of forest dwellers including customary rights of tribals on forest land. These rights also include rights to collect fuel 1/11 10/31/2018 wood, fodder, minor forest produce, construction timber, grazing rights and any other specific right enjoyed by a particular * Also placed in library. See No. LT 2186/05 community prior to notification of forest areas. The policy also protects the rights and concessions enjoyed by the people living on forest fringe areas. To achieve the commitments enshrined in the National Forest Policy, 1988, the Forest (Conservation) Act, 1980 paved the way for recognition and regularization of land rights of genuine forest dwellers on forest land. Forest (Conservation) Act, 1980 is a regulatory and not a prohibitory Act. This Act is a development oriented Act with a balancing mechanism. The Act aims to conserve the natural wealth for future generations on one hand and on the other, allows the judicious use of pristine forest land for developmental activities to meet the requirement of the mankind. … (Interruptions) MR. SPEAKER: Where are you reading from? My copy is a different one. SHRI A. RAJA: Sir, we had circulated the same copy. MR. SPEAKER: You have circulated something else. SHRI A. RAJA: The same paper I am reading. MR. SPEAKER: Okay, let us start with paragraph no. 3. What is your paragraph no. 3? SHRI A. RAJA: Sir, this starts from National Forest Policy, 1988. MR. SPEAKER: That is the first paragraph. You come to the third paragraph. SHRI A. RAJA: It starts with "This practice of diversion of forest lands…" MR. SPEAKER: But, where are you reading now? SHRI A. RAJA: I will come to this. After Independence, between 1950 to 1980, about 45 lakh hectare of pristine natural forest land was diverted for non-forestry purposes by the various State/Union Territory (UT) Governments. About half of this land was under encroachments. Since forest lands have easy access and are treated as open resource, these are prone to encroachments. Prevalent land hunger compounded the problem of forest land management complex in the country. Further, State/UT Governments are also prone to suffer with local pulls and pressures. This practice of diversion of forest lands for non-forestry purposes continued unabated for about 30 years, which resulted in increasing destruction of forest cover leading to heavy erosion of topsoil, erratic rainfall, recurring floods and droughts straining the ecological balance. Central Government 2/11 10/31/2018 took serious note of the situation and "Forests" were brought under "Concurrent List" from State List in 1976. In April 1976, States/UTs were asked that any proposal for removal of forest cover should be invariably got assessed by Inspector General of Forests when any such diversion of forest area for non-forestry purposes was contemplated. In August, 1976, States/UTs were told that they may divert forest area up to 10 hectare for non-forestry purposes for public utility projects. In 1978, Government of India suggested the States/UTs to seek concurrence of Central Government prior to diversion of more than 10 hectares of forest land. But situation did not improve in the States/UTs and continuous reduction of forest cover went on. Then, hon. Prime Minister of India raised her concern with Governors and Chief Ministers of different States on 20-04-1980 regarding dismal state of country’s natural wealth. It was felt by the collective political wisdom of the country that a ‘regulatory act’ was the need of the hour. Therefore, in 1980, an ordinance was brought for regulation of diversion/de-reservation of forest land for non-forestry purposes, which was later replaced by Forest (Conservation) Act, w.e.f. 25-10- 1980. MR. SPEAKER: No whispering please. It is an important subject. I think you better read from paragraph 5. It is concerned with the present position and not the entire history. SHRI A. RAJA: I will come to that. Forest (Conservation) Act, 1980 is a regulatory and not a prohibitory Act. This Act is a development oriented Act with a balancing mechanism. The Act aims to conserve the natural wealth for future generations on one hand and on the other, allows the judicious use of pristine forest land for developmental activities to meet the requirement of the mankind. The Act, as anticipated, brought desired visible results. During 1950-80, the rate of diversion of forest land for non-forestry purposes was to the tune of 1,50,000 hectares per annum. But, after enactment of the Forest (Conservation) Act, 1980, the rate of diversion of forest land for non- forestry purpose came down to less than 38,000 hectares per annum and that is mostly for developmental projects like railways, irrigation, roads, hydro-power, thermal power, transmission lines, mining, settlement of rights including regularisation of pre-1980 eligible encroachments of forest dwellers including tribals and conversion of forest villages into revenue villages on forest lands. Hence, besides development, the Forest (Conservation) Act, 1980 paved the way for recognition and regularisation of land rights of genuine forest dwellers on forest land. In conformity with the commitment made by the Central Government in the National Forest Policy, 1988 for the protection of rights of forest dwellers, including tribals on forest lands, detailed guidelines for regularisation of pre-1980 eligible encroachments, conversion of forest villages into revenue villages, and settlement of disputed claims of tribals, pattas, leases, etc., have been issued by the Central Government after approval of the Union Cabinet on 18th September, 1990 under Forest (Conservation) Act, 1980. These guidelines have been evolved after national consensus and approval of the Union Cabinet. These guidelines have been reviewed by the Union Cabinet and re- iterated in 1991 and 1992. 3/11 10/31/2018 From 1990 to 2002, proposals have been received for regularisation of pre-1980 eligible encroachments from 8 States/UT Governments, and for conversion of forest villages into revenue villages from 2 States, namely, Madhya Pradesh and Maharashtra. No proposal has been received from any of the State/UT Governments for settlement of disputed claims. After examination of the received proposals, the Central Government has regularised pre-1980 eligible encroachments over 3.66 lakh hectare of forest land in respect of 8 States/UTs namely, Madhya Pradesh, Karnataka, Gujarat, Kerala, Arunachal Pradesh, Orissa, Tripura and Andaman and Nicobar Islands. Central Government also converted 384 forest villages of MP and Maharashtra, into revenue villages, out of existing 2690 forest villages in the country (as per information furnished by the States/UTs). Since, no proposal has been received from the State/UT Governments for settlement of claims of tribals, no progress could be made in this regard. Thus, the Central Government has been effectively implementing the 1990 guidelines for settlement of land right over forest land. The process of settlement of rights on forest lands came to a sudden halt due to the intervention of the hon. Supreme Court. Apex Court banned de-reservation of forests/national parks/sanctuaries vide order dated 13-11-2000, and also restrained the Union Government from further regularisation of encroachments on forest lands vide order dated 23-11- 2001. While examining the issue of settlement of disputed claims of tribals and forest dwellers on forest lands, and eviction of in-eligible encroachers from forest lands in pursuance of the Supreme Court order dated 23-11-2001, it was observed by the Central Government that the State/UT Governments were not able to distinguish between the encroachers, and the original tribals and other forest dwellers living on forest lands. Further to protect the rights of the tribals on the forest lands, the Ministry of Environment and Forests has issued directions to all the State/UT Governments on 21-12-2004 and requested them not to resort to the eviction of tribal people and forest dwellers other than in-eligible encroachers, till the complete survey is done for the recognition of such people and their rights, after setting up of District level Committees involving a Deputy Collector, a Sub-Divisional Forest Officer, and a representative of Tribal Welfare Department, by the State/UT Governments as reiterated in guidelines dated 18-09-1990 and 30-10-2002 of the Central Government.